MINUTES OF THE
CITY OF SAN RAMON – COUNCIL MEETING

A regular meeting of the City Council of the City of San Ramon was held July 26, 2005 at 7:09 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Mayor Wilson presiding.

PRESENT: Councilmembers Hudson, Perkins, Rowley, Vice Mayor Livingstone and Mayor Wilson.

STAFF PRESENT: City Manager Herb Moniz, City Attorney Byron Athan, Police Chief Scott Holder, Economic Development Director Marc Fontes, Parks and Community Services Director Jeff Eorio, Community Services Division Manager John Skeel, Recreation Services Division Manager Esther Lucas, Transportation Manager Lisa Bobadilla, Sergeant Paul O’Mary, Public Works Department Administrative Analyst Stephen Spedowfski, and City Clerk Patricia Edwards.

Members of Cub Scout Pack 841 from Walt Disney Elementary School led the Council, staff, and those in the audience in the pledge of allegiance.

* * * *

Mayor Wilson asked if there were any changes or additions to the agenda. The City Clerk noted that there were none.

Mayor Wilson asked if there were any changes or additions to the Boards, Committee and Commission meetings schedule. The City Clerk noted that there were none.

* * * *

Supervisor Mary Piepho presented an overview of her role as the County’s District III Supervisor. One of her objectives is to bring together the incorporated and unincorporated parts of the county. She reviewed her constituent outreach efforts, office organization, office locations and the major issues affecting San Ramon. She introduced her staff members and invited residents to visit her office. She stated that she looks forward to building great relationships and maintaining our quality of life. She emphasized that her office is here to serve the residents, keep the lines of communication open, and connect with the community.

Economic Development Director Marc Fontes presented the Council with an introduction and overview of the Business Resource Guide. The Guide will be available on the City’s website and distributed with business license applications and renewals. Mayor Wilson thanked Mr. Fontes for supporting the business community. He noted that as the City’s businesses grow stronger, so does the City. The Council is committed to and supports the business community.

Parks and Community Services Director Jeff Eorio introduced Nicole Blazin, Marketing and Public Relations Coordinator, as the City’s Employee of the Month for July 2005. He noted that the recognition was well deserved and thanked Ms. Blazin for her work on the City’s identification badges. Mayor Wilson presented her with a certificate and flowers. He stated that Ms. Blazin is part of the San Ramon family and is always available to provide assistance. On behalf of the Council and City, he thanked her for her contributions. Ms. Blazin commented that she loves her job and thanked the Council for this recognition.

* * * *

Community Services Division Manager John P. Skeel gave the report. Pauline Nolte has been nominated to serve on the Contra Costa County Library Commission for a term to run through June 2006. Cm. Rowley’s motion to re-appoint Pauline Nolte was seconded by Vice Mayor Livingstone and passed 5-0. Cm. Rowley thanked Ms. Nolte for her outstanding contributions and service to San Ramon. Mayor Wilson thanked Ms. Nolte for taking the time and effort to represent San Ramon with professionalism and love.

Community Services Division Manager John P. Skeel gave the report. The Parks and Community Services Commission has recommended that Hermann Welm be nominated to serve on the Open Space and Conservation Advisory Committee for a term ending July 2007.

Ellen Rosenbluth informed the Council that there has been some confusion regarding the change in the Open Space and Conservation Advisory Committee By-Laws. Some members did not understand that their terms had been extended. Mayor Wilson noted that a letter will be sent to each Committee member to explain the status of the Committee and eliminate any confusion.

Cm. Hudson’s motion to approve the appointment was seconded by Cm. Perkins and passed 5-0. The Council thanked Mr. Welm for applying to the Committee.

The City Clerk gave the report. She reported that seven applications were received. One was disqualified on the basis of residency. The remaining six applicants were interviewed prior to the Council meeting. She asked the Council to vote for their nomination.

One request for public comment was received. Roz Rogoff stated that she believes there is a misconception regarding the role of the student member to the Parks and Community Services Commission. "Student membership" could mean that it is a membership for a student from a local school. Another interpretation is that the individual is appointed as a ‘student’, an intern who will learn about City operations and improve their knowledge of the community. If this definition is correct, the student appointment differs from the appointment of a regular commissioner in that the student learns from the experience, "graduates", and then another student has the opportunity to learn. Mayor Wilson said that he agrees with her comments. Mayor Wilson remarked that it was a difficult choice. Cm. Perkins thanked all of the applicants who applied. He felt that they are all bright, articulate, and focused individuals. He encouraged those who were not selected to continue to support San Ramon activities. Cm. Rowley concurred with the quality of the candidates and added that the selection was difficult. Cm. Hudson added that he expects to see some of these applicants as future councilmembers. Vice Mayor Livingstone noted that the quality of the applicants was amazing. He was extremely impressed with all of them and thanked them for applying.

The Council cast ballots for the appointment. Mayor Wilson announced that Jeff Tomasich was nominated. Cm. Hudson’s motion to approve the appointment was seconded by Vice Mayor Livingstone and passed 5-0. Mr. Tomasich commented that he was grateful for the opportunity to serve the City again.

* * * *

Hermann Welm thanked the Council for his appointment to the Open Space and Conservation Advisory Committee. He added that this is not a political comeback for him. He remarked that as a Councilmember, he worked to minimize graffiti in the City. When he does report graffiti, he noted that City staff is receptive and responds immediately. He was glad to see that the emphasis on keeping graffiti blight out of the community is being maintained. He thanked the Council for their efforts. He reported that there is a problem with ‘off leash’ dogs and is especially concerned with dog owners who did not clean up after their pets. He requested that a reminder be placed in the next City newsletter. He complimented the Council on their diversity and ability to work together for the City.

* * * *

Vice Mayor Livingstone’s motion to approve the July 12, 2005 minutes was seconded by Cm. Hudson and
passed 4-0. Cm. Perkins abstained.

* * * *

Roz Rogoff commented on item 8.6. She noted that she suggested several years ago that the City negotiate with an animal control facility that is closer to San Ramon than Contra Costa County’s Martinez facility. She requested that the City investigate a contract with Alameda County Animal Services for next year if the contract for this year has already been finalized. Mayor Wilson concurred that the Martinez facility is not as convenient to San Ramon as the Dublin facility.

Cm. Hudson’s motion to approve consent calendar items 8.1 through 8.7 was seconded by Vice Mayor Livingstone and passed 5-0.

Resolution No. 2005-106 Authorizing the Mayor to Execute an Agreement with Spencon Construction, Inc. for the Construction of FY 2005/2006 Curb, Gutter, and Sidewalk Repair Project (CIP 5367) and for Miscellaneous Concrete Repair Work for Planned City Capital Improvement Projects for the Period Between July 2005 and June 2006, in an Amount not to Exceed $150,000.

Resolution No. 2005-107 Accepting Certain Landscape Improvements along San Ramon Valley Boulevard, Westside Drive, and Terraced Hills Circle as Complete and for Maintenance (Circle E Ranch Project/Toll Brothers).

Resolution No. 2005-108 Authorizing the Submittal of an Application to the Bay Area Air Quality Management District for Funds to Reduce Emissions from Solid Waste Collection Vehicles and Authorizing the Implementation, if the Application is Approved by the Bay Area Air Quality Management District.

Resolution No. 2005-109 Authorizing the Mayor to Execute an Agreement with Contra Costa County – Animal Services Department for Animal Control Services for the Period July 1, 2005 through June 30, 2006 in an Amount Not to Exceed $119,556.

Resolution No. 2005-110 Authorizing the Mayor to Execute an Agreement with Top Grade Construction, Inc. for the Construction of FY 2004/05 Pavement Management Project (CIP 5319), Dougherty Road Reconstruction Project (CIP 5427), and Stagecoach Road Reconstruction Project (CIP 5429) in an Amount Not to Exceed $1,787,787.

* * * *

The City Clerk noted that were no items of Unfinished Business on the agenda.

* * * *

Parks and Community Services Director Jeff Eorio noted the passing of Clem Ellisando who had lived in the Glass House for almost 60 years. Recreation Services Division Manager Esther Lucas reviewed the details of the resolutions and gave a brief history of the project. She introduced the consultants who were available to provide additional information. They included: John Roberts with John Northmore Roberts and Associates, Nancy Goldenberg with Carey and Company, and Sheila McElroy with Circa: Historic Property Development.

John Roberts provided an overview of his company’s efforts to research the history of the Glass House in order to get a general sense of the house and to comply with the Secretary of the Interior’s Standards for the landscape design. He noted that the house was relocated to a location similar to its original one. They reviewed other period gardens and farms and historic nursery catalogs. He provided the long term vision for the project which includes front and rear gardens, a possible vineyard, lawn, period plants, native black locust trees, hedges, fencing and a windmill. He noted that the proposed garden design is very comparable to the lithographs of the Glass House around 1879. Grading will accommodate handicapped access-ability. The possibility of using docents to maintain the gardens was discussed. Cm. Hudson raised concerns about the life span of walnut trees. Vice Mayor Livingstone asked for details on the Secretary of the Interior’s Standards. Mr. Roberts replied that once the period of significance has been established, the Standards are written to allow flexibility within those parameters. Mayor Wilson asked the Committee to review their decision not to allow residents to work in the garden. Mr. Roberts responded that maintaining a garden of this size requires intensive work. He felt this could be accomplished by City staff and docents. Mayor Wilson informed Mr. Roberts that he will be surprised by the involvement of San Ramon residents. Cm. Rowley remarked that they have done a wonderful job and asked how long it will take to implement the plan. Mr. Roberts responded that they hope to build it next year.

Nancy Goldenberg of Carey and Company discussed the interior restoration of the Glass House. She informed the Council that there is only one photo of the interior but there are artifacts. The plan is to convert the building into a house museum by restoring the interior with the period of significance of 1877-1931. She reviewed the existing condition of the house and the proposed plans. She noted that the restoration will be conducted in two major phases: (1) seismic, electrical, heat, air conditioning and plumbing; and (2) floor finishes, wall finishes, trim, doors and hardware and fixtures. Their research has included paint analysis to determine the original colors, analysis of wall paper samples, etc. They plan fireplace reconstruction and a period kitchen. Mayor Wilson asked how caterers would be accommodated. Ms. Goldenberg responded that the goals of the house museum do not support a catering kitchen. Mr. Eorio said that the caterers will prepare everything off site.

Sheila McElroy reported that the landscape plan and the interior plan are consistent with the Secretary of the Interior’s Standards for landscape and interior rehabilitation.

Mr. Eorio requested that the Council proceed with finalizing the documents for bidding for the landscaping and interior work for Phase I. He discussed Phase II which will include the design and construction of finish work including woodwork, casework, doors, plaster, painting, wallpaper, finish work on electrical and plumbing. Staff is proposing a creative and cost effective method to finalize the remodeling of the interior of the Glass House. Staff will act as the general contractor and contract out the final items to complete the interior renovation. They will pursue business and community donations of labor, services, materials, etc. They will develop projects that can be done by volunteers when professional work is not required. With involvement from the development community, it is hoped that the restoration of the David Glass House can be completed in a timely and cost effective manner. Funds may be available from the Park Development Fund in an estimated amount of $100,000.

Mayor Wilson opened the public comment.

Pat Boom expressed her excitement about the progress. She explained how the City came to own the Glass House. She felt that it is an important legacy to the valley’s history. She noted that she is pleased with the landscaping plans. She requested that a tank be placed on the tank house. Mayor Wilson thanked her for her efforts in preserving the Glass House for the community. Ms. Boom requested that the Council make funding for the Glass House a priority and urged them not to let Phase II lag. She felt that the proposed creative partnerships will allow the public to participate and take ownership of the property. She noted that the Glass House should be a house museum and not a catering kitchen. She challenged the Council to set Forest Home Farms on a higher priority in the financing, improvements and restoration for all of the buildings.

R. Nathan Greene concurred with Ms. Boom’s comments. He congratulated staff on the selection of the consultants and the quality of their recommendations. He thanked the Council and staff for their efforts on this project.

Carol Lopez lent her support to the plans as a Parks and Community Services Commissioner. She thanked the consultants for their cooperation and talents. She requested that the City use any left over Dougherty Valley funds for the Glass House project. The Commission supports the Council moving forward so that the project will be realized.

Mayor Wilson closed the public comments.

Cm. Perkins asked if the City has a long term plan for Forest Home Farms. Mr. Eorio replied that the adopted Master Plan includes the revision to all of the buildings on the property. A five year plan was presented in 1999 which needs to be updated. Cm. Perkins encouraged staff to update the Plan and present it to the Parks Commission and Council. He is interested in any projects that could be considered in the mid-year budget review process.

Cm. Hudson asked how the resolutions should be presented. The City Attorney advised that they be addressed individually. Cm. Rowley noted that the City has a rare opportunity and encouraged the Council to make funding for the Glass House and Forest Home Farms a high priority.

Cm. Hudson’s motion that Resolution No. 2005-111 be approved was seconded by Vice Mayor Livingstone and passed 5-0.

Cm. Hudson’s motion that Resolution No. 2005-112 be approved was seconded by Cm. Rowley and
passed 5-0.

Cm. Hudson’s motion that Resolution No. 2005-113 be approved was seconded by Vice Mayor Livingstone and passed 5-0.

Cm. Perkins thanked the consultants and the Historical Society for their patience and dedication. He also thanked City staff for their work on this project. Cm. Rowley asked if the Parks Commission approved utilizing Park Development Funds for this project. Mr. Eorio clarified that the Commission’s role is to make a recommendation to the Council if there were left over funds. Mayor Wilson noted that it is important to save the past and enjoy the future. He stated that the project will be reviewed by the Finance Committee and the City will investigate funding sources.

The City Clerk noted a correction in the procedure for the appointments. The Mayor will appoint two representatives who will be confirmed by the Council. Transportation Manager Lisa Bobadilla provided the Council with an overview of the report. She noted that Measure J includes a San Ramon Valley School Bus Program which focuses on safe transportation for children. The purpose of the funds is to reduce school related traffic congestion. She asked that the Mayor select two Council representatives to serve on the Policy Advisory Committee and that the Council approve the appointments. Mayor Wilson nominated Cm. Hudson and Cm. Rowley. Cm. Perkins’ motion to approve the appointments was seconded by Vice Mayor Livingstone and passed 5-0.

City Attorney By Athan introduced the Property Owners’ Sidewalk Liability Ordinance. The current law provides that the maintenance of sidewalks adjacent to private property be maintained by the residential or commercial property owner. He noted that the Ordinance will make the property owners responsibility for damages resulting from lack of maintenance. The Policy Committee recommended adoption of the Ordinance at its July 11, 2005 meeting. He recommended that the Council introduce the Ordinance, waive the reading and open the Public Hearing. Cm. Hudson’s motion to introduce the Ordinance, waive the reading, and open the Public Hearing was seconded by Cm. Rowley and passed 5-0. Mayor Wilson opened the public hearing. There was no public comment. Mayor Wilson closed the public hearing. Cm. Hudson’s motion to approve the Ordinance was seconded by Cm. Rowley and passed 5-0.

Sergeant Paul O’Mary presented an overview of the new Ordinance. He reported that there has been an increase in applications for both massage establishments and massage therapists. Fraudulent massage operations are seeking cities which have a less restrictive application process. He noted that the City’s current Ordinance makes it difficult to conduct a thorough background investigation. He added that the purpose and intent of the Ordinance is to regulate the operations of massage establishments and persons offering massages in the best interest of public health, safety and welfare. He enumerated the differences between the old and the new Ordinances.

Vice Mayor Livingstone questioned the nonrefundable fees. Sgt. O’Mary clarified that permit fees are required for both massage establishments and for therapist permits or licenses. Mayor Wilson opened the public hearing. There was no public comment. Mayor Wilson closed the public hearing. Vice Mayor Livingstone’s motion to repeal Ordinance 351, adopt the revised Ordinance regulating massage services, and set the public hearing and approval for August 9, 2005 was seconded by Cm. Hudson and passed 5-0.

The City Manager had no comments.

* * * *

Cm. Hudson reported that a CCCTA subcommittee recommended eliminating discussion of the basic level of service at their meeting. Because the City was well represented, the full committee voted unanimously not to take that recommendation. He reported that the County Hazardous Materials Commission will start looking at interior air quality. At the CCTA meeting, the MTC reported that they may help pay for the planning of transit oriented development. He added that an emphasis on Green Building may be returning with the County’s adoption of LEEDS for residential housing. He advised staff to be alert to this potential requirement.

Vice Mayor Livingstone reported on the California High School parking issue. He said that the School District and Principal Corti are very supportive. Staff is working on a program marketing brochure. The school will be implementing a two-person car pool policy to qualify for on-site parking. One suggested transportation alternative is a shuttle bus from Bollinger and San Ramon Valley Boulevard. They are also investigating an alternate parking site under the PG&E towers and potential funding for bike lockers. Staff is working with the garbage company to get collections done first thing in the morning so that the students will not move trash receptacles which then are not emptied.

Mayor Wilson requested an update on the three Home Owner Associations (HOAs) on San Ramon Valley Boulevard. Public Works Department Administrative Analyst Stephen Spedowfski reported that the City is creating a temporary maintenance agreement to provide basic landscape services and a biweekly trash pick up. This agreement should be presented to the Council in September. The HOAs are negotiating to divide the common area so that only one HOA will be responsible for the land. Mayor Wilson asked how long it would take before this is finalized. Mr. Spedowfski responded that it will take about four months and expects to have an agreement by the end of September. The City is billing the HOAs for any work completed by City staff. He added that the City can increase the frequency of trash pick-ups as needed. Mayor Wilson requested that a progress report be made to the Council in August. The City Manager suggested that the item be brought to Council after action by all three HOAs. Vice Mayor Livingstone noted that he walks the area frequently and that there has been a significant improvement.

Mayor Wilson reported that the City is the recipient of $708,502 from the Department of Housing and Community Development for its Workforce Housing Program. This is the second largest award made in the Bay Area. He thanked Housing Programs Manager Brooke Littman for her efforts. He complimented City staff for seeing an opportunity and taking advantage of it. He reminded the Council to get their identification badges as they are important for identification in case of an emergency. He informed the Council that he will be traveling to Washington, D.C. for the Sentinels of Freedom on August 18-19, 2005. He adjourned the meeting in the memory of Kristi Miller and the other victims killed in the July 23, 2005 Cairo bombing. He asked the Council and those present for a moment of silence for Kristi Miller and her family.

There being no further business, Mayor Wilson adjourned the meeting at 9:32 p.m.

Signed:
H. Abram Wilson, Mayor
Patricia Edwards, City Clerk

Approved at the August 9, 2005 City Council meeting, 5-0.